WVC 16 - 43 - 2
§16-43-2. Engine coolant and antifreeze; bittering agent required;
penalty; exceptions.. (a) Any engine coolant or antifreeze manufactured in this
state after January 1, 2012, or sold after that date within West
Virginia that contains more than ten percent ethylene glycol shall
include not less than thirty parts per million and not more than
fifty parts per million denatonium benzoate as a bittering agent in
order to render the coolant or antifreeze unpalatable.

(b) A manufacturer, processor, distributor, recycler or seller
of an engine coolant or antifreeze that is required to contain the
bittering agent set forth in subsection (a) of this section is not
liable to any person for any personal injury, death, property
damage, damage to the environment or economic loss that results
from the inclusion of denatonium benzoate in any engine coolant or
antifreeze, if the inclusion of denatonium benzoate is present in
concentrations as mandated by subsection (a) of this section. The
limitation on liability does not apply to a particular liability to
the extent that the cause of the liability is unrelated to the
inclusion of denatonium benzoate in any engine coolant or
antifreeze.

(c) The provisions of this section do not apply to:

(1) The sale of a motor vehicle that contains engine coolant
or antifreeze;

(2) A wholesale container of engine coolant or antifreeze
designed to contain fifty-five gallons or more of engine coolant or antifreeze; and

(3) Engine coolant or antifreeze reformulated through on site
recycling.

(d) Any person who violates any provision of this section is
guilty of a misdemeanor and shall be fined not more than $100.
Each day of violation is a separate offense.
Note: WV Code updated with legislation passed through the 2014 1st Special Session
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